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EX PARTE HARBOR

83-1147.

465 So.2d 460 (1985)

Ex Parte Charles Michael HARBOR. (Re: Charles Michael Harbor v. State).

Supreme Court of Alabama.

February 8, 1985.

Attorney(s) appearing for the Case

George W. Andrews III, Birmingham, for petitioner.

Charles A. Graddick, Atty. Gen., and Glenn L. Davidson, Asst. Atty. Gen., for respondent.

PER CURIAM.

The writ is quashed as improvidently granted. We cannot agree with the petitioner's argument that the Supreme Court of the United States in Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983), required appellate courts to test all sentences against the proscriptions of the cruel and unusual punishment clause of the Eighth Amendment to the Constitution.

WRIT QUASHED AS IMPROVIDENTLY GRANTED....

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